1st Circ. Affirms Dismissal For Mercedes-Benz In Defect Suit

Law360 (January 15, 2020, 6:17 PM EST) -- The First Circuit has affirmed a Massachusetts federal court's decision to toss a proposed class action accusing Mercedes-Benz of covering up a "catastrophic" radiator defect, saying the driver who filed the suit completely failed to reckon with the fact that his claims are time-barred.

In a three-page, unpublished opinion, a three-judge panel said Richard K. Garick had utterly dropped the ball while trying to convince them to revive his suit against Mercedes-Benz USA LLC.

Garick spent all of his time arguing U.S. District Judge Indira Talwani was wrong to find that he didn't present enough evidence to prove Mercedes-Benz failed to...

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